In re Brenner

The opinion of the court was delivered by

Hoch, J.:

The petitioner seeks a writ of habeas corpus. On February 24, 1937, he pleaded guilty to a charge of larceny from a railroad station 'and was sentenced to the penitentiary under the provisions of G. S. 1935, 21-1909. The merchandise stolen was valued at $17.35. He now asserts that he was unlawfully sentenced under that statute and that the crime was petit larceny for which the maximum sentence is a term in jail not exceeding one year. The question presented is whether the theft of merchandise from a baggage truck, under the facts and…